Autism, Downs Syndrome, Learning Disabilities & the Law

When a child with a learning disability reaches the age of 16 they are classed as an adult and as such parental rights are extinguished. It is therefore necessary for parents to make a guardianship application, in order to have legal authority to make welfare decisions on behalf of their child. This allows parents to make decisions regarding for example where their child resides, their education, and medical treatment.

We frequently advise parents who are seeking advice in respect of their child who lacks capacity and is approaching 16 years old. Sometimes parents haven’t realised that Guardianship is necessary and so their child may be older than 16.

Parents are often worried about the cost of guardianship, However legal aid is available on a non means tested basis to assist with the fee which in general should not exceed £600.

We have acted for a number of parents who have a child affected by Autism, Downs Syndrome and Learning Disabilities and offer home visits in order to minimise disruption.

For further information or to book a home visit please call Lorna Brown on 01383 431101 or contact Lorna through the Contact Page.

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our services

Powers of Attorney

We feel strongly that having a Power of Attorney is a most valuable asset in future planning. Through our work with charities and carer groups we have seen families distress compounded due to the absence of a Power of Attorney.

Planning for the Future

Many of our clients seek advice on Wills and Powers of Attorney irrespective of age or diagnosis, they are simply looking to make provision for the future. We can advise on all aspects of Wills including setting up a Trust provision.

Executry administration

We deal with all aspects of winding up the estate of a deceased person, whether or not a will is in existence. Above all we understand that this is a very difficult time for families and as such we aim to act in a respectful, responsive and efficient manner at all times.

Guardianship and intervention orders

In order to authorise where the person resides, the care the person should receive and how that care should be delivered a relative needs to apply to the Court for Guardianship.

Learning disabilities law

When a child with a learning disability reaches the age of 16 they are classed as an adult and as such parental rights are extinguished. It is therefore necessary for parents to make a guardianship application, in order to have legal authority to make welfare decisions on behalf of their child.

Dementia & the Law

We specialise in advising families looking after a relative with dementia in connection with Powers of Attorney and Guardianship applications, in order to ensure that where a person has a dementia diagnosis then a family member has legal rights to make welfare decisions on their behalf.